PROVISIONS AS TO BAIL AND BONDS

Discharge of sureties.

§444

Summary

(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants. (2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him. (3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail./h1 STATE AMENDMENT West Bengal In section 444 of the Principal Act,-- (1) in sub-section (1) after the words “at any time”, the words, “on showing sufficient cause,” shall be inserted; (2) after sub-section (1), the following sub-section shall be inserted:-- "(1A) On such application being made, the Magistrate may either hold an inquiry himself, or cause an inquiry to be made by a Magistrate subordinate to him, on the correctness of the reason shown, in the application to discharge the bond as stated in sub-section (1)”; (3) for sub-section (2), the following sub-section shall be substituted:-- "(2) If the Magistrate is satisfied, on enquiry made under sub-section (1A), that all or any of the sureties applying for discharge may be discharged, he shall issue warrant of arrest directing that the person so released be brought before him.” [Vide West Bengal Act 24 of 2003, s. 3.]

(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants. (2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him. (3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail. /h1 STATE AMENDMENT West Bengal In section 444 of the Principal Act,-- (1) in sub-section (1) after the words “at any time”, the words, “on showing sufficient cause,” shall be inserted; (2) after sub-section (1), the following sub-section shall be inserted:-- "(1A) On such application being made, the Magistrate may either hold an inquiry himself, or cause an inquiry to be made by a Magistrate subordinate to him, on the correctness of the reason shown, in the application to discharge the bond as stated in sub-section (1)”; (3) for sub-section (2), the following sub-section shall be substituted:-- "(2) If the Magistrate is satisfied, on enquiry made under sub-section (1A), that all or any of the sureties applying for discharge may be discharged, he shall issue warrant of arrest directing that the person so released be brought before him.” [Vide West Bengal Act 24 of 2003, s. 3.]

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